무고
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.
2. The fact that the Defendant made a false accusation is a serious case of a special rape, which is imprisonment with prison labor for at least five years, and the fact that the Defendant did not receive a letter from the person who was deprived of his/her intention is disadvantageous to the Defendant.
However, in light of the following circumstances: (a) the Defendant led to the confession of the Defendant; (b) the Defendant was faced with the seriousness of the instant crime; and (c) the Defendant, who did not comply with the designated judicial branch of the designated judicial branch of the designated judicial branch of the designated judicial branch of the designated judicial branch of the designated judicial branch of the designated judicial branch of the designated judicial branch of the designated judicial branch of the designated judicial branch of the designated judicial branch of the designated judicial branch of the designated judicial branch of the designated branch of the designated judicial branch of the designated branch of the designated branch of the designated branch of the designated branch of the designated branch of the designated branch of the designated branch of the designated branch of the designated branch of the designated branch of the designated branch of the designated branch of the designated branch of the designated branch of the designated branch of the designated branch of the designated branch;
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 157 and 153 of the Criminal Act to mitigate confessions;
1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act);